Monday, February 24, 2020

Wisconsin appellate court week February 24th-28th 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

March 5th On Statutory Interpretation, Judge Diane Sykes of the 7th Circuit, Madison Lawyers Chapter and University of Wisconsin Student Chapter (details and registration)

March 13th-14th "The Structural Constitution in the 21st Century", National Student Symposium, University of Michigan Law School, Ann Arbor (details and registration)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)

April 28th "Separation of Powers and the Administrative State" Eighth Annual Executive Branch Review Conference, Washington, DC (Save the date)

May 8th Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)


Supplement to last week

SCOW: defendant didn’t forfeit sentencing claim by failing to object during sentencing, Wisconsin State Public Defender, on State v. Counihan, 2020 WI 12

SCOW holds ch. 51 commitment not moot but affirms on the merits, Wisconsin State Public Defender, on Marathon County v. D.K., 2020 WI 18

Circuit court erred in admitting video statements of children under § 908.08, Wisconsin State Public Defender, on State v. Mercado, 2018AP2419-CR (recommended for publication)

Ban on firearm silencers is constitutional, Wisconsin State Public Defender, on State v. Barrett, 2018AP2324-CR (recommended for publication)

Recent Supreme Court opinions:
- Fraudulent Representation, Hinrichs v. Dow Chemical Co., 2020 WI 2
- Successor Liability, Veritas Steel LLC v. Lunda Construction Co., 2019 WI 3
Recent Court of Appeals opinions recommended for publication:
- Duty of Care to Trespassers, Stroede v. Society Insurance, 2018AP1880 and 2018AP2371
Wisconsin Civil Justice Council

Kelly, Karofsky win high court primary, by Todd Richmond, Associated Press, Wisconsin Law Journal

Wisconsin Assembly calls for constitutional convention, by Scott Bauer, Associated Press, Wisconsin Law Journal

SCOW clarifies how to calculate OWI fines subject to multiple enhancers, Wisconsin State Public Defender, on State v. Neill, 2020 WI 15

Defense win: New trial ordered due to evidence suggesting defendant was repeat drunk driver, Wisconsin State Public Defender, on State v. Diehl, 2019AP1176-CR (recommended for publication)

Hamilton Political Tidbits - February 21, 2020, Hamilton Consulting Group, Madison

Wisconsin Judicial Council February 21, 2020 Meeting Agenda

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

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

as they are posted.

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

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

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

The Court of Appeals has oral argument scheduled for:


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- February 2020 (February 24th-March 4th
- March 2020 (March 23rd-April 1st)
- April 2020 (April 20th-29th)
Latest slip opinions

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

Sunday, February 16, 2020

Wisconsin appellate court week February 17th-21st 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

March 5th On Statutory Interpretation, Judge Diane Sykes of the 7th Circuit, Madison Lawyers Chapter and University of Wisconsin Student Chapter (details and registration)

March 13th-14th "The Structural Constitution in the 21st Century", National Student Symposium, University of Michigan Law School, Ann Arbor (details and registration)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)

April 28th "Separation of Powers and the Administrative State" Eighth Annual Executive Branch Review Conference, Washington, DC (Save the date)

May 8th Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)


Supplement to last week

Wisconsin Supreme Court oral argument
- State v. Gutierrez, 2017AP2364-CR
- Skindzelewski v. Smith, 2018AP623
- Waukesha County v. J.J.H., 2018AP168
WisconsinEye video

Supreme Court Monthly Statistical Report - January 2020, Wisconsin Court System

Profs. Daniel D. Blinka and Thomas J. Hammer, Marquette University Law School:
- Supreme Court Digest and
- Court of Appeals Digest
Wisconsin Lawyer - February 2020

- Why Diversity and Inclusion are Important, President's Message by Jill M. Kastner, Legal Action of Wisconsin Inc., Milwaukee, President of the State Bar of Wisconsin
- Democracy is Not a Spectator Sport, Your State Bar column by Larry J. Martin. executive director for the State Bar of Wisconsin
Wisconsin Lawyer - February 2020

Wisconsin Supreme Court Statistics, 1969-70, by Alan Ball, Marquette University, SCOWstats

State Supreme Court Rejects Jurisdictional Challenge in OWI Case, by Joe Forward, WisBar New, on State v. Hansen, 2020 WI 11

Choinsky v. Germantown School District Board of Education, 2020 WI 11, Justia Opinion Summary

Legislature Sprints Toward Finish of 2019-2020 Session, by Cale Battles, Government Relations Coordinator, State Bar of Wisconsin, Rotunda Report

Sheboygan gets Wisconsin Supreme Court's unanimous OK to annex land for Kohler golf course, by AnnMarie Hilton, Sheboygan Press, on Town of Wilson v. City of Sheboygan, 2020 WI 16

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

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

as they are posted.

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

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

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

The Court of Appeals has oral argument scheduled for:


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- February 2020 (February 24th-March 4th
- March 2020 (March 23rd-April 1st) Latest slip opinions

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

Saturday, February 8, 2020

Wisconsin appellate court week February 10th-14th 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

March 5th On Statutory Interpretation, Judge Diane Sykes of the 7th Circuit, Madison Lawyers Chapter and University of Wisconsin Student Chapter (details and registration)

March 13th-14th "The Structural Constitution in the 21st Century", National Student Symposium, University of Michigan Law School, Ann Arbor (details and registration)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)

May 8th Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)


Supplement to last week

Wisconsin court: Bid to recover smuggled car can continue, Todd Richmond, Associated Press, Wisconsin Law Journal, on Mueller v. TL90108 LLC, 2020 WI 7

Statute of Repose Bars Asbestos-related Claim by Former Power Plant Worker, by Joe Forward, WisBar News, on Nooyen v. Wisconsin Electric Power Co., 2019AP289

The Third Branch - Fall/Winter 2019-20, quarterly newsletter of the Wisconsin court system

Marathon County v. D. K., 2020 WI 8, Justia

Ghostwriting for Pro Se Litigants: Supreme Court Weighing Petition, by Joe Forward, Inside Track, State Bar of Wisconsin

2019 in Review, by Gregg Herman, Milwaukee, Wisconsin Law Journal

Marsy's Law question that strengthens the rights of crime victims will remain on April 7 ballot, by Patrick Marley, Milwaukee Journal Sentinel [proposed amendment to Wisconsin Constitution, Article I, Section 9m]

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

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

as they are posted.

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

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

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

The Court of Appeals has oral argument scheduled for:


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- February 2020 (February 24th-March 4th
- March 2020 (March 23rd-April 1st) Latest slip opinions

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

Sunday, February 2, 2020

Wisconsin appellate court week February 3rd-7th 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

February 3rd Nadine Strossen "Hate: Why We Should Resist it with Free Speech, Not Censorship" Marquette Student Chapter (details)

February 4th Nadine Strossen "Hate: Why We Should Resist it With Free Speech, Not Censorship" University of Wisconsin Student Chapter (details)

March 13th-14th "The Structural Constitution in the 21st Century", National Student Symposium, University of Michigan Law School, Ann Arbor (details and registration)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)

May 8th Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)


Supplement to last week

Lessons from Epic System’s Arbitration Ruling: Classify Employees as Exempt Cautiously, by Jennifer S. Mirus and Brian P. Goodman, Boardman Clark LLP, Madison, Labor & Employment Blog, State Bar of Wisconsin, on Epic Sys. Corp. v. Lewis, 138 S.Ct. 1612 (2018)

Court of Appeals Published Orders - January 2020, 2020 WI App 2-5, Wisconsin Court System

Wisconsin Supreme Court accepts five new cases, Wisconsin Court System

A New Maverick on the Wisconsin Supreme Court? by Alan Ball, Marquette University, SCOWstats

Kelly accuses Karofsky of slander in Supreme Court forum, by Todd Richmond, Associated Press, Wisconsin Law Journal

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

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

as they are posted.

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

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

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

The Court of Appeals has oral argument scheduled for:


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- February 2020 (February 24th-March 4th
- March 2020 (March 23rd-April 1st) Latest slip opinions

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

Saturday, January 25, 2020

Wisconsin appellate court week January 27th-31st 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

February 3rd Nadine Strossen "Hate: Why We Should Resist it with Free Speech, Not Censorship" Marquette Student Chapter (details)

February 4th Nadine Strossen "Hate: Why We Should Resist it With Free Speech, Not Censorship" University of Wisconsin Student Chapter (details)

March 13th-14th "The Structural Constitution in the 21st Century", National Student Symposium, University of Michigan Law School, Ann Arbor (details and registration)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)

May 8th Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)


Supplement to last week

Wisconsin Judicial Council, January 17, 2020 Meeting Agenda

Wisconsin Supreme Court Statistics, 1970-71, by Alan Ball, Marquette University, SCOWstats

Sentencing Court Relied on Inaccurate Information but Error was Harmless, by Joe Forward, WisBar News, on State v. Coffee, 2020 WI 1

State Bar Testifies on Assembly "Ghostwriting" Bill, Rotunda Report, State Bar of Wisconsin

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

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

as they are posted.

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

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

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

The Court of Appeals has oral argument scheduled for:


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- January 2020 (January 13th-22nd)
- February 2020 (February 24th-March 4th
Latest slip opinions

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

Saturday, January 18, 2020

Wisconsin appellate court week Janurary 20th-24th 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

February 3rd Nadine Strossen "Hate: Why We Should Resist it with Free Speech, Not Censorship" Marquette Student Chapter (save the date)

March 13th-14th "The Structural Constitution in the 21st Century", National Student Symposium, University of Michigan Law School, Ann Arbor (details and registration)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)

May 8th Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)


Supplement to last week

Supreme Court Monthly Statistical Report - December 2019, Wisconsin Court System

Man Pardoned of Double Murder Has Civil Suit Revived, by Laura Temme, FindLaw, on Savory v. Cannon, 7th Cir. No. 17-3543

Wisconsin Supreme Court oral argument
- Miller v. Carroll, 2017AP2132
- Office of Lawyer Regulation v. Moodie, 2018AP1781-D
- Barney v. Mickelson, 2017AP1616
WisconsinEye

SCOW again can’t decide the law; declares truth unknowable; two votes missing, On Point, Wisconsin State Public Defender, on State v. Coffee, 2020 WI 1

Veritas Steel, LLC v. Lunda Construction Co , 2020 WI 3, Justia Opinion Summary

U.S. Supreme Court, LGBTQ Discrimination, and Title VII Protections, by Max T. Stephenson and Erin Strohbehn, Gimbel Reilly Guerin & Brown LLP, Milwaukee, Appellate Practice Section Blog

President-elect Race: Government Lawyers Ready to Lead the State Bar, by Joe Forward, Inside Track, State Bar of Wisconsin

Wisconsin Supreme Court oral argument
- Winnebago County v. C. S., 2016AP1982
- State v. Harrison, 2017AP2441-CR
WisconsinEye

Drunk Man Injured While Ejected from Bar, Immunity for Man Who Ejected Him, by Joe Forward, WisBar News, on Stroede v. Society Insurance, 2018AP1880

Judge Maxine White appointed to Court of Appeals, Wisconsin Law Journal

Wisconsin Supreme Court Rules Hearing
- Rule Petition 19-19 Online Access
- Rule Petition 19-16 Ghostwriting
WisconsinEye

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

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

as they are posted.

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

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

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

The Court of Appeals has oral argument scheduled for:


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- January 2020 (January 13th-22nd)
- February 2020 (February 24th-March 4th
Latest slip opinions

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

Prof. Elizabeth Warren at the Federalist Society

This has been making the social media rounds for a while.

The now-U.S. Senator and presidential candidate was then a member of the faculty of the University of Pennsylvania Law School. She was on the "Socialization of Risk: Bankruptcy Law & Financial Institutions" panel September 13, 1991 at that year's Federalist Society Annual Lawyers Convention. Here is her presentation:

Here is a link to the full panel presentation which also included:
- Hon. C. Boyden Gray, White House Counsel (moderator)
- Hon. Frank H. Easterbrook, United States Court of Appeals, Seventh Circuit
- Hon. Edith H. Jones, United States Court of Appeals, Fifth Circuit
- Hon. Harris Weinstein, Chief Counsel, Office of Thrift Supervision

Thursday, January 16, 2020

Report: Absence and Violation

'Wisconsin licensing boards are routinely in violation of law requiring public representation.'

Julie Grace in the latest Badger Institute Report

Saturday, January 11, 2020

Wisconsin appellate court week January 13th-17th 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

January 14th Steve Simpson, Pacific Legal Foundation, "Reinvigorating the Non-Delegation Doctrine", Madison Lawyers Chapter (details and registration)

February 3rd Nadine Strossen "Hate: Why We Should Resist it with Free Speech, Not Censorship" Marquette Student Chapter (save the date)

March 13th-14th "The Structural Constitution in the 21st Century", National Student Symposium, University of Michigan Law School, Ann Arbor (details and registration)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)

May 8th Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)


Supplement to last week

Supreme Court opinion and arguments preview, Court of Appeals opinions, WCJC Newsletter, Wisconsin Civil Justice Council

Antonin Scalia and the Wisconsin Supreme Court, by Alan Ball, Marquette University, SCOWstas

- Supreme Court Digest, and
- Court of Appeals Digest, Prof. Daniel Blinka and Prof. Thomas Hammer, Marquette University Law School
- Lawyer Discipline, Office of Lawyer Regulation, State of Wisconsin
Wisconsin Lawyer - January 2020

Supreme Court Monthly Statistical Report - December 2019, Wisconsin Court System

State v. Coffee, 2020 WI 1, Justia Opinion Summary,

- Be Well in the New Year, President's Message by Jill M. Kastner, Legal Action of Wisconsin Inc., Milwaukee, president, State Bar of Wisconsin
- Being Good Stewards, Your State Bar column by Larry J. Martin, executive director, State Bar of Wisconsin
Wisconsin Lawyer - January 2020

Search underway for new UW Law dean, By: Michaela Paukner, Wisconsin Law Journal

Supreme Court Addresses Economic Loss Doctrine in Case by JeeTops Maker, by Joe Forward, WisBar News, on Hinrichs v. Dow Chemical Company, 2020 WI 2

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

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

as they are posted.

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

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

Pending rules petitions include those scheduled for hearing or conference:

The Court of Appeals has oral argument scheduled for:


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- January 2020 (January 13th-22nd)
- February 2020 (February 24th-March 4th
Latest slip opinions

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

Is Everything Political? video from Faculty Conference 2020]

This panel seeks to explore whether the reach of politics is broader now that it once was, whether there is a law-politics distinction, whether politics has become a substitute for religion or related claims on a person’s sense of self, and whether it is possible or desirable for politics to play a smaller role in life.

Featuring:
- Moderator: Joshua Kleinfeld, Northwestern University Pritzker School of Law

Panelists:
- Christian Burset, Notre Dame Law School
- Guy-Uriel Charles, Duke University School of Law
- Tara Leigh Grove, William & Mary Marshall-Wythe School of Law
- Stephen E. Sachs, Duke University School of Law

Friday, January 10, 2020

Originalism and the Fourth Amendment, video from Faculty Conference 2020

This panel will explore the extent, if any, to which an originalist methodology can answer the big questions of Fourth Amendment interpretation that courts are grappling with today. If an originalist methodology can answer these questions, what answers does it provide?

Featuring:
- Moderator: Orin Kerr, UC Berkeley School of Law

Panelists:
- William Baude, University of Chicago Law School
- Jeffrey Bellin, William and Mary Marshall-Wythe Law School
- Laura Donohue, Georgetown University Law Center

Thursday, January 9, 2020

Resolved: The Electoral College Should Be Abrogated, video from Faculty Conference 2020

How should the country elect the President? This debate presents the arguments for and against eliminating the electoral college.

Featuring:
- Moderator: Hon. Neomi Rao, U.S. Court of Appeals for the D.C. Circuit

Debaters:
- Lawrence Lessig, Harvard Law School
- Stephen Sachs, Duke University School of Law

Wednesday, January 8, 2020

Governance by Index: Mutual Fund Involvement in Corporate Governance, video from Faculty Conference 2020

Mutual funds, particularly index funds, increasingly find themselves in a position to influence the governance of the companies in which they invest. Accordingly, campaigners of every sort—from hedge fund activists to advocates for environmental and social causes—now lobby mutual funds for voting support. But how should mutual funds wield their power in corporate governance? This panel will discuss the nature of mutual fund investing, the shift to indexing, its impact on the market, and how mutual funds ought to exercise their influence over the companies in which they invest.

Featuring:
- Moderator: M. Todd Henderson, University of Chicago Law School


Panelists:
- Sean J. Griffith, Fordham University School of Law
- Ann M. Lipton, Tulane University Law Schoolv
- Adriana Z. Robertson, University of Toronto Faculty of Law

Tuesday, January 7, 2020

Young Legal Scholars Paper Presentations, video from Faculty Conference 2020

Featuring:
- Moderator: Tara Leigh Grove, William & Mary Marshall-Wythe School of Law, and Lawrence B. Solum, Georgetown University Law Center

 Presenters:
- Christian Burset, Notre Dame Law School: "Relativizing the Rule of Law in the Eighteenth-Century British Empire"
- Mihailis E. Diamantis, University of Iowa College of Law: "The Extended Corporate Mind: When Corporations Use AI to Break the Law"
- Michael T. Morley, Florida State University College of Law: "Partisan Gerrymandering and State Constitutions"
- Ryan C. Williams, Boston College Law School: "Lower Court Originalism"
- Ilan Wurman, Arizona State University Sandra Day O’Connor College of Law: "In Search of Prerogative"

Commenters:
- Sean J. Griffith, Fordham University School of Law
- Tara Leigh Grove, William & Mary Marshall-Wythe School of Law
- John C. Harrison, University of Virginia School of Law
- Lawrence B. Solum, Georgetown University Law Center

Saturday, January 4, 2020

Wisconsin appellate court week January 6th-10th 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

January 14th Steve Simpson, Pacific Legal Foundation, "Reinvigorating the Non-Delegation Doctrine", Madison Lawyers Chapter (details and registration)

February 3rd Nadine Strossen "Hate: Why We Should Resist it with Free Speech, Not Censorship" Marquette Student Chapter (save the date)

March 13th-14th "The Structural Constitution in the 21st Century", National Student Symposium, University of Michigan Law School, Ann Arbor (details and registration)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)

May 8th Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)


Supplement to last week

COA: requiring internet identifiers of sex offender registrants doesn’t violate First Amendment, On Point, Wisconsin State Public Defender, on State v. Jackson, 2018AP2074 (recommended for publication)

SCOW: Defendants at 2nd grade level, abandoned by counsel, must research and apply law pro se, On Point, Wisconsin State Public Defender, on State ex rel. Wren v. Richardson, 2019 WI 110

U.S. Supreme Court Could Hear Mandatory Bar Case from Wisconsin, WisBar News

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

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

as they are posted.

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

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

Pending rules petitions include those scheduled for hearing or conference:

  • January 17th: Ghostwriting, 19-16; and Petitions for Review: Online access, 19-19;

The Court of Appeals has oral argument scheduled for:


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- January 2020 (January 13th-22nd)
- February 2020 (February 24th-March 4th
Latest slip opinions

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

Friday, January 3, 2020

Originalism and Stare Decisis, video from Faculty Conference 2020

Sometimes the original meaning of the Constitution conflicts with or points in a different direction from the Supreme Court's precedents. When that happens, what is the role of stare decisis? To what extent is stare decisis consistent with or at odds with originalism? What should an originalist Court do with non-originalist precedent? What exactly does stare decisis commit a court to follow? Do the Supreme Court’s past practices or its duty to follow its precedents differ from inferior courts’ duty to heed Supreme Court decisions?

 Opening Remarks:
 - Hon. Lee Liberman Otis, The Federalist Society
- AALS President-Elect DarbyDickenson, UIC John Marshall Law School Featuring:
- Moderator: Steven G. Calabresi, Northwestern University School of Law

Panelists:
- Randy E. Barnett, Georgetown University Law Center
- Randy J. Kozel, Notre Dame Law School
- John O. McGinnis, Northwestern University Pritzker School of Law
- Bernadette Meyler, Stanford Law School

Saturday, December 28, 2019

Wisconsin appellate court week December 30th 2019-January 3rd 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

January 3rd-4th Annual Federalist Society Faculty Conference, Washington, DC (details and registration)

January 14th Steve Simpson, Pacific Legal Foundation, "Reinvigorating the Non-Delegation Doctrine", Madison Lawyers Chapter (details and registration)

February 3rd Nadine Strossen "Hate: Why We Should Resist it with Free Speech, Not Censorship" Marquette Student Chapter (save the date)

March 13th-14th "The Structural Constitution in the 21st Century", National Student Symposium, University of Michigan Law School, Ann Arbor (details and registration)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)

May 8th Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)


Supplement to last week

Wisconsin Supreme Court candidate talks about social justice advocacy, video, Milwaukee Journal Sentinel

Wisconsin justice drops out of voter-purge case, Wisconsin Law Journal

State may assert laches as a defense to a habeas petition, Justia, on Wren v. Richardson, 2019 WI 110

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

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

as they are posted.

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

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

Pending rules petitions include those scheduled for hearing or conference:

  • January 17th: Ghostwriting, 19-16; and Petitions for Review: Online access, 19-19;

The Court of Appeals has oral argument scheduled for:


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- January 2020 (January 13th-22nd)
- February 2020 (February 24th-March 4th
Latest slip opinions

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