Thursday, November 6, 2014

Randy E. Barnett 'Our Republican Constitution: Securing the Sovereignty of the People' November 6, 2014

[latest posts follow this event notice]

Randy E. Barnett will speak on 'Our Republican Constitution: Securing the Sovereignty of the People' at a Noon luncheon Thursday, November 6, 2014 at the Milwaukee Athletic Club, 758 North Broadway.

Mr. Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, where he directs the Georgetown Center for the Constitution. He is a frequent contributor to and participant in Federalist Society publication and events, including our chapter's February 4, 2005 event.

Reservations may be made by

Friday, October 31, 2014

IS It Legal? Legal Authority for the Campaign Against the Islamic State - Event Audio/Video

Federalist Society DC Young Lawyers Chapter, and The Alexander Hamilton Society, podcast featuring,
John Bellinger, Partner, Arnold & Porter and former Legal Advisor to the Department of State (2005 -2009);

Steve Bradbury, Partner, Dechert LLP and former Head of the Office of Legal Counsel, U.S. Department of Justice (2004-2009);

Moderator: Rachel L. Brand, Member, Privacy and Civil Liberties Oversight Board; Senior Advisor to the U.S. Chamber Litigation Center, United States Chamber of Commerce; and former Assistant U.S. Attorney General for Legal Policy, U.S. Department of Justice; and

Introduction: Sarah Hawkins Warren, Partner, Kirkland & Ellis LLP and President, DC Young Lawyers Chapter

Thursday, October 30, 2014

Consumer Financial Protection Bureau Update - October 2014 - Podcast

Federalist Society Practice Group Podcast featuring,
Julius L. Loeser, Of Counsel, Winston & Strawn LLP; and

Prof. Todd J. Zywicki, Foundation Professor of Law, George Mason University School of Law

Warger v. Shauers - Post-Argument SCOTUScast

Federalist Society SCOTUScast featuring Rachel Paulose,
"The question in this case is whether, under Federal Rule of Evidence 606(b), a party moving for a new trial may rely upon juror testimony regarding statements made during deliberations that suggest juror dishonesty during voir dire"

Wednesday, October 29, 2014

Mesothelioma Litigation - Podcast

Federalist Society Practice Group Podcast featuring,
Prof. Lester Brickman, Yeshiva University, Benjamin N. Cardozo School of Law, and

Mark A. Behrens, Partner, Shook, Hardy & Bacon, L.L.P.

Joint Committee for Review of Administrative Rules

"public hearing and an executive session on the following topics: Injured Patients and Families Compensation Fund Annual Fund and Mediation Panel Fees; Modifications in Daily Bag Limits and Minimum Size Limits in Response to Tribal Harvest; Community Programs and Services; and Apprenticeship Completion Awards" at Wisconsin Eye

Tuesday, October 28, 2014

Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. - Post-Argument SCOTUScast

Federalist Society SCOTUScast,
"This case concerns whether a district court’s factual finding in support of its construction of a patent claim term may be reviewed de novo, as the Federal Circuit requires (and as the panel explicitly did in this case), or only for clear error, as Federal Rule of Civil Procedure 52(a) requires.

"To discuss the case, we have Prof. Kristen Osenga, who is a Professor of Law at the University of Richmond School of Law."

Newsmakers: Transportation Fund Constitutional Change

"... Senior Producer Steve Walters hosted a Newsmakers show on Transportation Fund Constitutional Change with Todd Berry and Craig Thompson" at Wisconsin Eye.

Monday, October 27, 2014

Regulating the Regulators: North Carolina Board of Dental Examiners v. Federal Trade Commission - Podcast

Federalist Society Practice Group Podcast featuring,
Prof. Rebecca Haw Allensworth, Vanderbilt University Law School, and

Misha Tseytlin, Deputy Attorney General, Office of West Virginia Attorney General

North Carolina State Board of Dental Examiners v. Federal Trade Commission - Post-Argument SCOTUScast

Federalist Society SCOTUScast,
"The question in this case is whether the state-action exemption from federal antitrust laws applies to a state dental regulatory board when the majority of board members are dental professionals who are elected by other market participants--and thus potential competitors of anyone seeking entry into the dental industry.

"To discuss the case, we have Prof. Alexander Volokh, who is an Associate Professor of Law at the Emory University School of Law."

Don’t Miss: Final Attorney General Candidate Debate at State Bar Center

Posted at Rotunda Report,
"The State Bar of Wisconsin is partnering with WISC-TV and WisPolitics to host a debate between Wisconsin Attorney General candidates Brad Schimel and Susan Happ on Wed., Oct. 29 at 7 p.m. at the State Bar Center in Madison."

Wisconsin Legislative Spotlight - The Week of October 27, 2014

Posted at the Legislative Reference Bureau

Janesville judge to announce state Supreme Court run

Scott Bauer of the Associated Press, with Eric Heisig, reported at the Wisconsin Law Journal,
"Rock County Circuit Judge Jim Daley plans to announce his candidacy for the Wisconsin Supreme Court on Monday, making him an early challenger to incumbent Justice Ann Walsh Bradley in the race to be decided next year."

Rewind - week of October 20-24

"Senior Producer Steve Walters and WisPolitics Editor JR Ross recapped Wisconsin politics for the week of October 20-24 at the Wisconsin Eye Studios in Madison."

Sunday, October 26, 2014

Wisconsin appellate court week October 27th-31st 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 November 5th and 12th, see Synopsis, and December 16th and 17th .

The next conference on pending petitions for review is November 13th.

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

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

The Court of Appeals has oral argument scheduled for October 28th and December 17th.

Friday, October 24, 2014

Wednesday, October 22, 2014

Monday, October 20, 2014

Sunday, October 19, 2014

Wisconsin appellate court week October 20th-24th 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 November 5th and 12th .

The next conference on pending petitions for review is November 13th.

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

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

The Court of Appeals has oral argument scheduled for October 28th and December 17th.

Friday, October 17, 2014

Thursday, October 16, 2014

Let Me Be Blunt: In 'Blount', the Senate Never Said that Senators Aren't Impeachable

This article by Buckner F. Melton, Jr., is forthcoming in Quinnipiac Law Review, Vol. 33, 2014, and is now available at the Social Science Research Network.
"Abstract: The Senate motion in Blount that supposedly stands for the proposition that legislators aren’t impeachable—the motion to dismiss the House’s Blount impeachment—contains no subtleties to trap the unwary; no intricate analysis is needed. The frequent claim—made by both academic historians and lawyers, including Mr. Cassady [Benjamin Cassady, 'You’ve Got Your Crook, I’ve Got Mine': Why the Disqualification Clause Doesn’t (Always) Disqualify, 32 Quinnipiac L. Rev. 209 (2014)]—that the Senate decided, in the Blount case, that senators aren’t civil officers, or that members of Congress aren’t subject to impeachment, is simply flat-out wrong. Yet people keep on making it.

"My main point in this response to Mr. Casssady is simple: If senators can be impeached, then the notion that an impeached senator can be removed from the Senate but not disqualified from returning to the Senate seems counterintuitive. And if senators can be barred from future Senate service, then so should all convicted and disqualified impeachment defendants, whatever their government position."

(via Seth Barrett Tillman, who comments:)
"Melton’s (maximalist) position is that the Constitution’s 'office' language (i.e., at least that language relating to impeachment and disqualification) extends to Senators and to other elected officials. My (minimalist) position is very different. I have argued that the Constitution’s 'Officer of the United States'-language and 'office ... under the United States'-language reach only appointed officers, and do not encompass any elected officials (e.g., President, Vice President, members of Congress, and federal electors). That said, I have a deep and abiding respect for Melton’s paper and evidence, which is based on careful analysis and early American materials. This is an important paper by the leading authority on the Blount impeachment. Although a good many academics have assumed that the maximalist position is correct or have based their support on a cursory analysis of text, history, precedent, and structure, Melton’s article is the first fulsome reasoned defence of the maximalist position.

"Additionally, Melton has argued that a wide array of a scholars (including historians and legal academics) have misstated the Senate’s holding in Blount. On this point, he and I are ad idem."

Gregory Katsas 'Supreme Court: Review and Preview' October 16, 2014

[latest posts follow this event notice]

Gregory Katsas will present 'Supreme Court: Review and Preview' at a Noon luncheon Thursday, October 16, 2014, at the Milwaukee Athletic Club, 758 North Broadway.

Mr. Katsas is a partner in the firm of Jones Day, and a former Assistant Attorney General in the U.S. Department of Justice. He is a frequent contributor to Federalist Society publications and speaker at its events, including at out Chapter's July 19, 2007 and August 16, 2011 events.

Legislative Council Study Committee on the Review of Tax Incremental Financing

Wisconsin Eye video

Wednesday, October 15, 2014

Is it constitutional for a court to enforce a subpoena of ministers’ sermons?

Eugene Volokh posted at The Volokh Conspiracy in The Washington Post in a case in Houston, Texas.

Religious Accommodation in the Workplace: Current Trends Under Title VII

J. Gregory Grisham, Of Counsel to Leitner Williams Dooley & Napolitan PLLC, and Robbin W. Hutton, Partner in Ford & Harrison LLP, at Engage: The Journal of the Federalist Society Practice Groups.

A Short Review of Bad Judges, and Good

Douglas R. Cox reviews A Short Book of Bad Judges (2013), by Graeme Williams, at The Green Bag.

The Imperial President

Rick Esenberg at Wisconsin Interest

AG race focus turns to complaint, marriage comment

The Associated Press reported at the Wisconsin Law Journal

Interpreting Federal Regulations

Adam White, Counsel, Boyden Gray & Associates, discusses Perez v. Mortgage Bankers Association in this Federalist Society video.

Same-Sex Marriage in Wisconsin: What it Means for Employee Benefits

Brian Anderson and Jordan Taylor, Madison, posted at of DeWitt Ross & Stevens S.C..

FDA Correcting Third-Party Content and Using Twitter

Michael A. Walsh posted at Federation Forum.

Reflections on Judicial Contract Interpretation and the Boden Lecture

Nadelle E. Grossman posted at Marquette University Law School Faculty Blog.

Supreme Court Oral Argument: State v. Kearney W. Hemp

Wisconsin Eye video

Tuesday, October 14, 2014

2013-14 in Perspective: Part 1

Alan Ball posted at SCOWstats.

Wisconsin Supreme Court Hears Argument on Consideration for Noncompetes

Brandon M. Krajewski, Milwaukee, posted at Quarles & Brady LLP.

Marquette Lawyer Magazine - Fall 2014 Issue

This latest issue is now available. (via Alan J. Borsuk at Marquette University Law School Faculty Blog)

Attorney general candidates respond to questions

The Associated Press reported at the Wisconsin Law Journal.

Another Obamacare Case

Carrie Severino, Chief Counsel and Policy Director, Judicial Crisis Network, discusses King v. Burwell in this Federalist Society video.

"Just as the Delay prosecution touched off a dozen other politically motived cases, the Wisconsin John Doe investigation provides a template for similar mischief across the nation"

Posted by Ann Althouse, Madison.

7th Cir. SCOTUS Grants: Anna Nicole Smith's Ghost, EEOC Reviewability

William Peacock reported at FindLaw 7th Circuit blog on Wellness International Network, Ltd. v. Sharif, No. 12–1349, and Mach Mining, LLC v. Equal Employment Opportunity Commission, No. 13–2456.

Court Upholds Statutory Damages Limit for UW Physicians

The Wisconsin Civil Justice Council posted on Fiez v. Keevil, 2013AP2711.

Supreme Court Oral Argument: Outagamie County v. Michael H.

Wisconsin Eye video

Monday, October 13, 2014

Seventh Circuit Uses Fed. R. Civ. P. 60(b)(5) to Reopen 23-Year Old Judgment

Eric G. Pearson of Foley & Lardner LLP, Milwaukee, posted at Wisconsin Appellate Law on Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. State of Wisconsin, No. 14-1051.

WI: Judge Holds Med Mal Cap Does Not Apply to $25.3M Verdict

Christopher J. Robinette reported at TortsProf Blog.

Wisconsin Supreme Court Issues Split Decision Resulting in Loss for Manufacturer

The Wisconsin Civil Justice Council posted on Sohn Manufacturing v. LIRC, 2014 WI 112 (2012AP2566).

Federal judge says hold on gay marriages is lifted

The Associated Press reported at the Wisconsin Law Journal on Wolf v. Walker, 7th Cir. No. 14-2526.

Appeals court: Judge drew wrong character conclusions

The Associated Press reported at the Wisconsin Law Journal on State v. Bamba, 2013AP2348-CR.

Expert Opinion Excluded Under Wisconsin Daubert Statute as Not Based on Sufficient Facts or Data

Richard Oreton of Crivello Carlson S.C., Milwaukee, posted at On the Docket on Nationwide Agribusiness v. August Winter & Sons, Inc., No. 2014AP488.

Supreme Court’s blockage of WI voter ID law only temporary, election reform expert says

Adam Tobias reported at Wisconsin Watch on Frank v. Walker, 7th Cir., Nos. 14-2058 & 14-2059

Judicial Council and Committees Meetings October 14th and 17th

The Wisconsin Judicial Council has published notice of the October 14th meeting of its Criminal Procedure Committee, and of the meetings of the Council and its Appellate Procedure Committee's and Evidence & Civil Procedure Committee, along with the Council's agenda.

Supreme Court Oral Argument: State v. Danny Robert Alexander

Wisconsin Eye video

Sunday, October 12, 2014

Wisconsin appellate court week October 13th-17th 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 November 5th and 12th .

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

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

The Court of Appeals has oral argument scheduled for October 28th and December 17th.

Wisconsin Legislative Spotlight - The Week of October 13, 2014

Posted by the Legislative Reference Bureau.

Saturday, October 11, 2014

Rewind - for the week of October 6-10

"Senior Producer Steve Walters and WisPolitics Editor JR Ross recapped Wisconsin politics for the week of October 6-10 at the Wisconsin Eye Studios in Madison.